For FRESH food stores provided as part of a development or enlargement, for any portion of such FRESH food store subsequently changed to any other use pursuant to Section 63-40 (CERTIFICATION FOR CHANGE OF USE OF A FRESH FOOD STORE) or Section 63-50 (AUTHORIZATION FOR BULK AND PARKING MODIFICATIONS), if such change of use occurs less than 25 years after the initial issuance of a certificate of occupancy for such FRESH food store, accessory off-street parking regulations shall apply to such changed use as if the use is at that time occurring as part of a development or enlargement. Application may be made for an authorization pursuant to Section 63-50.

(a)        In C1-1, C1-2, C1-3, C2-1, C2-2, C2-3 Districts mapped within R6, R7, R8, R9 and R10 Districts and in C4-2 and C4-3 Districts, a FRESH food store shall provide one parking space per 1,000 square feet of floor area or cellar space utilized for retailing. The provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number) shall not apply to FRESH food stores. In lieu thereof, no accessory off-street parking spaces shall be required for the FRESH food store if the floor area of such use is less than 40,000 square feet. In cases where there is more than one commercial use or community facility use on the zoning lot, the total number of accessory off-street parking spaces required pursuant to the provisions of Section 36-23 shall not include off-street parking spaces accessory to FRESH food stores.

(b)        In C1-1, C1-2, C1-3, C2-1, C2-2, C2-3 Districts mapped within R3, R4 and R5 Districts and in C4-1 Districts, a FRESH food store shall provide one parking space per 400 square feet of floor area or cellar space utilized for retailing. The provisions of Section 36-23 shall not apply to FRESH food stores. In lieu thereof, no accessory off-street parking spaces shall be required for the FRESH food store if the floor area of such use is less than 10,000 square feet. In cases where there is more than one commercial use or community facility use on the zoning lot, the total number of accessory off-street parking spaces required pursuant to the provisions of Section 36-23 shall not include off-street parking spaces accessory to FRESH food stores.

(c)        In C8-1, C8-2, M1-1, M1-2 and M1-3 Districts, a FRESH food store shall provide one parking space per 1,000 square feet of floor area or cellar space utilized for retailing, up to a maximum of 15,000 square feet. The underlying off-street parking regulations in Sections 36-20 or 44-20 shall apply to the floor area or cellar space, in excess of 15,000 square feet, utilized for retailing in such FRESH food store.

(d)        The provisions of this Section shall not apply:

(1)        in the Borough of Brooklyn, to M1 Districts in portions of Community Districts 5, 16 and 17, as shown on Maps 1 and 2 in Appendix B of this Chapter; and

(2)        in the Borough of Queens, to the Special Downtown Jamaica District.